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RENTON HISTORICAL COLLECTION TRANSFER AGREEMENT
This RENTON HISTORICAL COLLECTION TRANSFER AGREEMENT(the "Agreement"),
dated as of&�_Z41 , 2014, is made by and between the KING COUNTY RURAL LIBRARY
SYSTEM, doing business as the King County Library System ("KCLS"), a Washington rural county
library district, and the CITY OF RENTON (the "City"), a Washington code city. KCLS and the City
are collectively referred to herein as the "Parties," and individually as a "Party."
RECITALS
WHEREAS, the Parties heretofore entered into an Agreement Regarding Library Services
in the Event of Annexation (the "Annexation Agreement") to define their rights and obligations
in the event annexation of the City into KCLS was approved by the registered voters of the City
a special election thereon be held in the City prior to December 31, 2010; and
WHEREAS, a majority of persons voting at such a special election held on February 9,
2010, voted in favor of annexation; and
WHEREAS, pursuant to the Annexation Agreement, KCLS and the City agreed to develop
and construct, among other facilities, a replacement facility (the "New Downtown Library") for
the City's former Main Library; and
WHEREAS, pursuant to the Annexation Agreement,the City also agreed to transfer to
KCLS, among other things,the materials and collections in its former Main Library,which
included, among other things, a collection of Pacific Northwest historical materials (the "Renton
Historical Collection"); and
WHEREAS, the City and the Renton Historical Society operate the Renton History
Museum (the "Museum") as a repository for the history of greater Renton; and
WHEREAS,the Museum includes a small research library, which is open to the public by
appointment; and
WHEREAS, the Parties have determined to construct the New Downtown Library on the
site of the City's former Main Library,which will necessitate the relocation of equipment,
furnishings, materials and collections therefrom to other quarters; and
WHEREAS, the Parties have determined that, to insure its continued public availability
during such construction and thereafter, the Renton Historical Collection should be transferred
back to the City for consideration for the Museum's research collection; and
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WHEREAS, the estimated value of the Renton Historical Collection is less than $50,000;
NOW, THEREFORE, in consideration of their mutual agreements set forth herein, the
Parties hereby agree as follows:
1. Transfer of Renton Historical Collection.
(a) KCLS agrees to transfer possession and title to the Renton Historical
Collection to the City, such transfer to occur coincident with the relocation of
equipment, furnishings, materials and collections from the City's former Main Library to
other quarters in connection with the construction of the New Downtown Library.
(b) The City agrees to accept possession and title to the Renton Historical
Collection, and to facilitate public access to the same.
2. Effective Date. This Agreement shall become effective when, and only when, it
has been duly executed by both of the Parties.
3. Dispute Resolution. If a dispute arises among the Parties concerning the
performance of any provision of this Agreement or the interpretation thereof, and such Parties
are unable to resolve their differences through informal discussions,the parties will endeavor
to settle the dispute by submitting the dispute to mediation under such mediation rules as shall
be agreeable to the Parties. Such mediation will be non-binding but a condition precedent to
having the dispute resolved pursuant to litigation.
In the event any action is brought to enforce any provision of this Agreement,the
Parties agree to be subject to exclusive jurisdiction in the King County Superior Court, and agree
that in any such action, venue shall lie exclusively in King County.
4. Miscellaneous Provisions.
(a) This Agreement may be amended only upon consent of both Parties. Any
amendment hereto shall be in writing.
(b) The waiver by any Party of any breach of any term, covenant or condition
of this Agreement shall not be deemed a waiver of such term, covenant, or condition or
any subsequent breach of the same of any other term, covenant, or condition of this
Agreement.
(c) Any Party hereto shall have the right to enjoin any substantial breach or
threatened breach of this Agreement by any other Party, and shall have the right to
recover damages and to specific performance of any portion of this Agreement.
(d) This Agreement is solely for the benefit of the Parties hereto and no third
party shall be entitled to claim or enforce any rights hereunder except as specifically
provided herein.
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(e) If any provision of this Agreement or application thereof to any Party or
circumstance, is held invalid by a court of competent jurisdiction, such invalidity shall
not affect the other provisions of this Agreement which can be given effect without the
invalid provision or application, and to this end the provisions of this Agreement are
declared to be severable.
(f) This Agreement shall be effective whether signed by the Parties on the
same document or in counterparts.
(g) All notices or other communications shall be deemed sufficient
hereunder if made in writing and delivered by telefacsimile or by first-class mail,
postage prepaid, to each Party at its respective address set forth below, or such other
address as such Party may hereafter designate to the others in writing.
IN WITNESS WHEREOF,this Agreement has been executed by each party as set forth
below:
KING COUNTY RURAL LIBRARY DISTRICT
960 Newport Way NW
Issaquah, Washington 98027
By4 1- t-
^ 'G o
Director
CITY OF RENTON Approved as to Form:
1055 S. Grady Way
Renton ngton 9805
By: J — ....,, By (`"♦""ice
Denis Law O P,AEt�'� Lawrence J. Warren
Mayor :V�� TOy City Attorney
Attested by: SEAL
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Bonnie I. Walton '•�,,,, , ,,,�
City Clerk
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